The law does not require you to have an attorney to help you. But it is your right to retain an attorney if you wish. An attorney can:
- explain the whole law as it applies to your case, not just workers' compensation regulations
- give you case-specific legal advice
- tell you whether you have a valid case
- advise you on other claims you may have
- explain the legal ramifications of pursuing your case on other issues like employment
- act on your behalf to file complicated forms, motions, responses, appeals, and paperwork
- keep the insurance company from bothering you with harassing communications
- argue your case for you in a hearing or in court.
If you do not hire an attorney, you can get free assistance from a non-attorney "ombudsman" through the TDI-DWC. They do not represent you and they do not give legal advice. Their job is to help you represent yourself. Attorneys are highly trained, licensed by the Supreme Court of Texas, and often better able to advise you and plan for the long-term effects of decisions you make early on in the case. They are able to pursue cases into court when necessary, which ombudsmen cannot do. And an ombudsman cannot give you legal advice covering other legal issue that may be effected by your workers' compensation case, such as unemployment benefits, Social Security benefits, third party personal injury cases, wrongful termination, FMLA violations, and employment discrimination.
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